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(영문) 창원지방법원 통영지원 2019.10.31 2019고단938

업무방해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

From August 21, 2019, the Defendant: (a) from around 21:00 on August 21, 2019, around 21:0, the Defendant obstructed the business of the victim’s bar business by force by force until the police officer is dispatched to the victim’s 112 report by making a 112 report, such as: (b) the Defendant, within “D” operated by the Victim C (A, who is 57 years of age); (c) the Defendant, while taking a bath to the breable customers, he was under the influence of alcohol; and (d) the Defendant, while taking a bath to the breable customers, he was able to take the bath to the breable customers.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. The relevant Article of the Criminal Act, Article 314 (1) of the Criminal Act (the point of interference with business), and the reason for sentencing selecting imprisonment with prison labor;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment [the determination of a type of punishment] interference with the affairs [the category 1] interference with the affairs (the special person]: Reduction elements of punishment (including efforts to recover damage): Reduction areas (including the recommended area and the scope of recommended punishment] reduction areas, imprisonment with labor for one month to eight months;

3. It is inevitable to sentence imprisonment in view of the fact that a defendant who has the same criminal history as a sentence is committed during the period of probation;

The term of the punishment shall be, in addition to the above circumstances, determined as follows: (a) the degree of interference with business by force; (b) the time of and against the victim; (c) the time of the crime; and (d) other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant’s age, character and conduct; (d) the environment; (e) motive, means and consequence of the crime; and (e) the sentencing guidelines established by